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Criminal Revision No. 275 of 1949, decided on 22nd Decem ber,'1949, from‑the order of the Assistant Sessions judge, Jessore.

Ss. 307 and 326‑Accused's plea, that offence was committed in sudden fit of anger‑Grave and sudden provocation‑‑Not proved‑Sentence.

Where there was absolutely nothing at all, on the record to substantiate any plea either that the offence was committed in a sudden fit of anger or that it was committed under grave and sudden provocation the Assistant Sessions judge could not use the plea as a ground for afflicting a wholly inadequate, punishment upon the accused.

Deputy Legal Remembrancer, for Crown.

In this case the Court issued a Rule sun motu on the District .Magistrate and on the accused Satish Charan Des alias Abinash Ch. Das to show cause why the sentence of fine of Rs. 250 imposed on him by the Assistant Sessions judge of Jessore on his conviction under sections 307 and 326 of the Pakistan Penal Code, should not be set aside and a proper sentence passed on him according to law. No one has appeared before us for the accused but we have heard Mr. Afzal who has appeared on behalf of the Crown.

The accused Abinash Ch. Das, a young man of 24, was first of all placed on trial before Mr. Z. Rahman, a Magistrate of the First Class, Narail, on a charge under section 326 of the Code, for causing grievous hurt to his cousin one Kartick Chandra Das a man of 28 years of age. He was convicted under section 326 was sentenced to rigorous imprisonment for one year and a fine of Rs. 100. He appealed against his conviction an sentence to the Sessions Judge and the Sessions judge observed in his judgment, "But the evidence has disclosed at the sentence imposed upon the accused was quite inadequate. he facts go to show that the injuries were deliberately caused /with a dao as there was a quarrel between the parties a few days before the occurrence. The injured person did not regain his consciousness for about a week and. his condition was extremely grave and he had to be removed to the Calcutta Medical College Hospital for treatment. In the Hospital he was detained for about two months and his wounds were not healed up even after three months. The fact is that the injured person was brutally assaulted with a sharp weapon. In view of the nature of the and the vital part of the body on which the injuries Were caused and the fact of the case, it seems to me that this case should be tried by the Court of Sessions." The learned judge accordingly, directed that the accused should be committed to the Court of Sessions for trial under Sections 326 and 307 of the Code.

The trial was held by Mr. A. U. Sarkar, the Assistant Sessions Judge of Jessore. When. the accused was produced before the Sessions judge, he pleaded guilty and his statement was recorded and the Sessions judge fined him Rs. 250. The Sessions Judge in his explanation says : "On the date of trial before me in trial No. 10 of 1949 the charges being read over and explained to the accused, he pleaded guilty to the charges and prayed for mercy. His exact statement' has been recorded by rue, verbatim in Bengali. The learned Public Prosecutor in charge, as far as I remember also joins with the pleader for defence in moving the Court for lenient /punishment. The accused was a young man. The parties were near ielaticms. The accused said in his statement that he committed the offence under grave and sudden provocation. The accused was in hajat for 6 months and he underwent R. I. for 6 months already. Considering all these circumstances, I deemed it proper that sentence of Rs. 250 and in default 3 months R. I would be quite' adequate fog ends of justice." We would first of of observe that the learned Assistant Sessions judge is not correct when he says that the accused stated that he had committed the offence under grave and sudden‑ provocation. What the accused said was that he dealt a blow in a sudden fit of anger. In any case there is absolutely nothing at all on the record to substantiate any plea either that the offence was committed in a sudden fit of anger or it was committed under grave and sudden provocation. The learned Assistant Sessions judge had no right to use that as ground for inflicting a wholly inadequate punishment upon the accused. The facts of the case are that there had been a quarrel between the parties two days previously, in the course of which the accused had threatened his cousin Kartick and on the date of occurrence, on the 7th March, 1948 as, Kartick was on his way to Pan‑Barbs, the accused came up from behind and dealt a blow on his head, and other parts of the body with a dao. The medical evidence established that he sustained 11 incised injuries, 3 of which are, being described as slight‑in nature and the others are severe. The condition of the patient was grave and the injuries had endangered his life.

In these circumstances, we set aside the sentence imposed' by the learned Assistant sessions judge and in place thereof we sentence the accused to rigorous imprisonment for three years under Section 307 of the Pakistan Penal Code. We impose no sentence under section 326. The petitioner will now surrender forthwith to serve out the sentence now imposed on him.

A.H. Petition accepted:

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